Terms of sale
ARTICLE 1 – Scope
These General Terms and Conditions of Sale apply, without restriction or reservation, to all sales concluded by LEK1MPM LLC, trading as GetHovr ("the Seller"), to consumers and non-professional buyers ("the Customers" or "the Customer") wishing to purchase the products offered for sale by the Seller ("the Products") on the website gethovr.co.uk.
They set out in particular the conditions of ordering, payment, delivery and management of any returns of Products ordered by Customers.
These General Terms and Conditions of Sale may be supplemented by specific conditions stated on the website prior to any transaction with the Customer.
These General Terms and Conditions of Sale apply to the exclusion of all other conditions, including those applicable to sales in physical stores or through other distribution and marketing channels.
They are available at any time on the website gethovr.co.uk and shall prevail, where applicable, over any other version or any contradictory document.
These General Terms and Conditions of Sale may be subject to subsequent amendments; the version applicable to the Customer's purchase is the one in force on the website on the date the order is placed.
ARTICLE 2 – Products Offered for Sale
The Products offered for sale on the website gethovr.co.uk are as follows:
- Hammocks
- Hammock stands and accessories
- Outdoor leisure and garden products
The main characteristics of the Products, including specifications, illustrations and indications of dimensions or capacity, are presented on the website gethovr.co.uk.
The Customer is required to read these before placing any order. The choice and purchase of a Product is the sole responsibility of the Customer.
The photographs and graphics displayed on the website gethovr.co.uk are not contractually binding and shall not give rise to any liability on the part of the Seller.
The Customer is required to refer to the description of each Product in order to understand its properties, essential characteristics and delivery times, as well as, in the case of continuous or periodic supply of goods, the minimum duration of the proposed contract.
Contractual information is presented in English and is subject to confirmation at the latest at the time the order is validated by the Customer.
ARTICLE 3 – Validity of Product Offers
Product offers are subject to available stock, as indicated at the time the order is placed.
ARTICLE 4 – Seller's Contact Details
The Seller's contact details are as follows:
LEK1MPM LLC, trading as GetHovr
Registered Office: 1209 Mountain Road PL NE, STE, Albuquerque, New Mexico, 87110, USA
UK Correspondence Address: GetHovr, 4th Floor, Silverstream House, 45 Fitzroy Street, Fitzrovia, London W1T 6EB, United Kingdomhello@gethovr.co.uk
In accordance with the UK Data Protection Act 2018 and the UK General Data Protection Regulation (UK GDPR), the Customer has, at any time, a right of access, rectification, objection, erasure and portability in respect of all their personal data by writing, by post and providing proof of identity, to the Seller's address mentioned above.
Validation of the order by the Customer constitutes acceptance without restriction or reservation of these General Terms and Conditions of Sale.
The Customer acknowledges having the requisite capacity to enter into a contract and purchase the Products offered on the website gethovr.co.uk.
ARTICLE 5 – Orders
5.1 – Placing an Order
It is the Customer's responsibility to select the Products they wish to order on the website gethovr.co.uk.
The Customer has the opportunity to review the details of their order, its total price and to correct any errors before confirming their acceptance. It is the Customer's responsibility to verify the accuracy of the order and to report or rectify any errors immediately.
An order is recorded on the website gethovr.co.uk when the Customer accepts these General Terms and Conditions of Sale by ticking the box provided for this purpose and validates their order. This validation implies acceptance of the entirety of these General Terms and Conditions of Sale as well as the general conditions of use of the website.
The sale is only final after the Seller sends the Customer confirmation of acceptance of the order by email, which must be sent without delay and after receipt by the Seller of the full price.
Any order placed by the Customer, validated by the Customer and confirmed by the Seller, under the conditions and in accordance with the terms described above, on the website gethovr.co.uk constitutes the formation of a distance contract between the Customer and the Seller.
Unless proven otherwise, the data recorded in the Seller's computer system constitutes proof of all transactions concluded with the Customer.
The Seller reserves the right to cancel or refuse any order from a Customer with whom there is an existing dispute relating to the payment of a previous order.
The Customer may track the progress of their order on the website gethovr.co.uk under the "Order Tracking" section.
The Seller does not intend to sell Products on the website gethovr.co.uk to trade buyers, but only to consumers or non-professional buyers for their personal needs. The Seller therefore reserves the right to refuse orders for the same Product in large quantities exceeding 10 items.
5.2 – Modification of the Order
Any modifications to the order by the Customer can only be taken into account by the Seller within the limits of its capabilities and provided that they are notified by email to hello@gethovr.co.uk at least 14 days before the scheduled date of dispatch.
In the event that these modifications cannot be accepted by the Seller, any sums paid at the time of placing the order will be refunded to the Customer within a maximum of 14 days from the notification of the inability to accept the modifications requested by the Customer (unless the Customer prefers to receive a credit note or exchange).
5.3 – Cancellation of the Order
Orders may be cancelled by the Customer, outside of the exercise of the right of withdrawal or in cases of force majeure, at least 1 day before the scheduled date for the supply of the Products ordered, at no cost to the Customer.
ARTICLE 6 – Prices
Products are supplied at the prices in effect on the website gethovr.co.uk at the time the order is recorded by the Seller. Prices are expressed in British pounds sterling (GBP £), inclusive of all applicable charges.
Prices take into account any reductions that may be offered by the Seller on the website.
These prices are firm and non-revisable during their period of validity, as indicated on the website, the Seller reserving the right, outside this period of validity, to modify prices at any time. Prices include processing, dispatch, transport and delivery charges.
The payment requested from the Customer corresponds to the total amount of the purchase, including these charges.
ARTICLE 7 – Payment Terms
The price is payable in full on the day the order is placed by the Customer, by secure payment, using the following methods:
- By debit or credit card: Visa, MasterCard, American Express
- Apple Pay
- PayPal
- Google Pay
Payment by debit or credit card is irrevocable, except in the case of fraudulent use of the card. In such cases, the Customer may request cancellation of the payment and refund of the corresponding amounts.
ARTICLE 8 – Delivery
Products ordered by the Customer will be delivered within the United Kingdom.
The delivery time corresponds to the dispatch time indicated on the Product page plus the processing and transit time. Products are delivered within an average of 3 to 7 business days to the address specified by the Customer when placing their order on the website.
Delivery is constituted by the transfer to the Customer of physical possession or control of the Product. Unless there are special circumstances or one or more Products are unavailable, the Products ordered will be delivered in a single shipment.
The Seller undertakes to make its best efforts to deliver the Products ordered by the Customer within the timescales specified above. However, these timescales are provided for guidance only. If the Products ordered have not been delivered within 30 days of the indicative delivery date, for any reason other than force majeure or an act of the Customer, the sale may be cancelled at the written request of the Customer, in accordance with applicable consumer protection legislation. The sums paid by the Customer will then be refunded no later than fourteen days following the date of termination of the contract, excluding any compensation or withholding.
In the event that the Product delivered is non-conforming, the Seller undertakes to remedy the situation or reimburse the Customer, as set out in the article "Seller's Liability – Guarantee".
The Seller assumes the risks of transport and is required to reimburse the Customer in the event of damage caused during transit.
ARTICLE 9 – Transfer of Ownership – Transfer of Risk
Transfer of ownership of the Products from the Seller to the Customer shall only take place after full payment of the price by the Customer, regardless of the date of delivery of the said Products.
Regardless of the date of transfer of ownership, the transfer of the risk of loss and deterioration of the Products shall only take place when the Customer takes physical possession of the Products. The Products therefore travel at the risk of the Seller.
ARTICLE 10 – Right of Withdrawal
In accordance with the Consumer Contracts (Information, Cancellation and Additional Charges) Regulations 2013, the Customer has a period of fourteen days from receipt of the Product to exercise their right of withdrawal from the Seller, without having to give reasons or pay any penalty, for the purpose of exchange or refund, provided that the Products are returned in their original packaging and in perfect condition within fourteen days (no later than 14 days following communication of the decision to withdraw) following notification to the Seller of the Customer's decision to withdraw.
Returns must be made in their original condition and complete (packaging, accessories, instructions, etc.), allowing them to be resold as new, and must be accompanied by the proof of purchase. Products that are damaged, soiled or incomplete will not be accepted.
The right of withdrawal may be exercised online using the withdrawal form available on the website gethovr.co.uk, in which case an acknowledgement of receipt on a durable medium will be immediately sent to the Customer by the Seller, or by any other unambiguous statement expressing the wish to withdraw.
In the event that the right of withdrawal is exercised within the aforementioned period, only the price of the Product(s) purchased and the delivery charges will be refunded; the cost of return remains the responsibility of the Customer.
The refund will be made within fourteen days (no later than 14 days) from notification to the Seller of the decision to withdraw.
ARTICLE 11 – Seller's Liability – Guarantee
The Products sold on the website gethovr.co.uk comply with applicable UK regulations and are designed for non-professional use.
The Products supplied by the Seller benefit, as of right and at no additional cost, independently of the right of withdrawal, in accordance with applicable legislation:
- from the statutory guarantee of conformity under the Consumer Rights Act 2015, for Products that are apparently defective, damaged or do not correspond to the order,
- from the statutory guarantee against hidden defects arising from a defect in materials, design or manufacture affecting the Products delivered and rendering them unfit for use.
It is noted that under the statutory guarantee of conformity, the Customer has a period of two years from the delivery of the goods to bring a claim against the Seller; may choose between repair or replacement of the Product ordered, subject to applicable cost conditions; and is not required to prove the existence of a defect of conformity during the first six months following delivery (or up to 24 months in certain circumstances, in accordance with the Consumer Rights Act 2015).
The statutory guarantee of conformity applies independently of any commercial guarantee that may cover the Product.
The Seller will refund or replace Products or parts under guarantee found to be non-conforming or defective. Shipping costs will be refunded on the basis of the amount invoiced and return costs will be refunded upon presentation of supporting evidence.
Refunds for Products found to be non-conforming or defective will be made as soon as possible and no later than 14 days following the Seller's acknowledgement of the defect of conformity or hidden defect. The refund will be made by credit to the Customer's bank account.
The Seller's liability shall not be engaged in the following cases:
- non-compliance with the legislation of the country in which the Products are delivered, which it is the Customer's responsibility to verify,
- in the case of misuse, use for professional purposes, negligence or lack of maintenance on the part of the Customer, as well as normal wear and tear of the Product, accident or force majeure.
The Seller's guarantee is, in any event, limited to the replacement or refund of non-conforming or defective Products.
ARTICLE 12 – Personal Data Protection
In accordance with the UK Data Protection Act 2018 and the UK GDPR, it is noted that the personal data requested from the Customer is necessary for the processing of their order and the preparation of invoices. This data may be communicated to any partners of the Seller responsible for the execution, processing, management and payment of orders.
The processing of information communicated via the website gethovr.co.uk complies with the legal requirements relating to the protection of personal data, the information system used ensuring optimal protection of such data.
The Customer has, in accordance with applicable national and international regulations, a permanent right of access, modification, rectification, objection, portability and restriction of processing in respect of information concerning them. This right may be exercised under the conditions and in accordance with the terms set out on the website gethovr.co.uk.
ARTICLE 13 – Intellectual Property
The content of the website gethovr.co.uk is the property of the Seller and its partners and is protected by applicable UK and international intellectual property laws. Any total or partial reproduction of this content is strictly prohibited and may constitute an infringement of intellectual property rights.
ARTICLE 14 – Unforeseen Circumstances
These General Terms and Conditions of Sale expressly exclude any claim based on unforeseen circumstances or change of circumstances for all sales transactions of Products by the Seller to the Customer. The Seller and the Customer each waive the right to invoke any applicable doctrine of frustration or change of circumstances, except as required by mandatory applicable law.
ARTICLE 15 – Force Majeure
Neither Party shall be held liable if the non-performance or delay in the performance of any of its obligations, as described herein, results from a case of force majeure, being any event beyond the reasonable control of the affected Party.
ARTICLE 16 – Governing Law – Language
These General Terms and Conditions of Sale and the transactions arising from them are governed by the laws of England and Wales. They are drafted in the English language. In the event that they are translated into one or more languages, only the English text shall prevail in the event of a dispute.
ARTICLE 17 – Disputes
All disputes to which purchase and sale transactions concluded under these General Terms and Conditions of Sale may give rise, concerning their validity, interpretation, performance, termination, consequences and results, and which could not be resolved between the Seller and the Customer, shall be submitted to the competent courts under ordinary rules of law.
The Customer is informed that they may in any event have recourse to conventional mediation or any alternative dispute resolution method (such as conciliation) in the event of a complaint. The Customer may also contact the relevant alternative dispute resolution (ADR) body certified under the Alternative Dispute Resolution for Consumer Disputes (Competent Authorities and Information) Regulations 2015.
ARTICLE 18 – Pre-Contractual Information – Customer Acceptance
The act of placing an order on the website gethovr.co.uk by any natural person (or legal entity) constitutes full and complete acceptance of these General Terms and Conditions of Sale and an obligation to pay for the Products ordered. This is expressly acknowledged by the Customer, who waives the right to rely on any contradictory document that would be unenforceable against the Seller.
ANNEXES
ANNEX 1 – Statutory Guarantee Provisions
Under the Consumer Rights Act 2015, the Seller is obliged to supply goods that are of satisfactory quality, fit for purpose and as described. The Seller is liable for defects of conformity existing at the time of delivery, as well as defects of conformity resulting from packaging, assembly instructions or installation where such installation was the Seller's responsibility under the contract.
To be in conformity with the contract, the goods must be: fit for the purpose for which goods of that kind are usually supplied; correspond to the description given by the Seller and possess the qualities presented to the buyer by way of sample or model; and present the qualities that a buyer can legitimately expect having regard to the public statements made by the Seller, the producer or their representative, particularly in advertising or labelling.
Under the Consumer Rights Act 2015, claims relating to defects of conformity must be brought within two years from the date of delivery of the goods. Within the first 30 days, the Customer is entitled to a full refund. After 30 days but within six months, the Seller has one opportunity to repair or replace the goods. If this fails, the Customer can claim a refund.
ANNEX 2 – Withdrawal Form
This form must be completed and returned only if the Customer wishes to withdraw from an order placed on gethovr.co.uk, subject to exclusions or limitations on the exercise of the right of withdrawal under the applicable General Terms and Conditions of Sale.
For the attention of LEK1MPM LLC, trading as GetHovr, by email: hello@gethovr.co.uk
Order date: ...........................................................
Order number:...........................................................
Customer name:...........................................................
Customer address:...........................................................
Customer signature (only if this form is submitted on paper)